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Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997

(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself. Held: The appellant was not able to assert his rights as … Continue reading Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Brewster v Strathmore Estates (Holding) Limited: SLC 30 May 2007

SLC Agricultural holdings – whether lease dated october 1949 but with stated duration of 14 years from Martinmas 1946 entered into ‘on or after November 1 1948’ for purposes of section 5 of Agricultural Holdings (Scotland) Act 1991 – whether statutory provisions or common law applied to maintenance of fixed equipment – retention of rent … Continue reading Brewster v Strathmore Estates (Holding) Limited: SLC 30 May 2007

Milliken v McNulty: SLC 5 Jun 2007

SLC Agricultural holdings – notice to quit – circumstances in which court refused motion for discharge of debate – procedure adopted on withdrawal of agent – competency of challenging validity of notice under section 22(2)(d) of Agricultural Holdings (Scotland) Act 1991 after service of notice to quit relying on said section Judges: Sheriff MacLeod, D … Continue reading Milliken v McNulty: SLC 5 Jun 2007

McCullough v Mount Stuart Trust Limited: SLC 19 Jan 2007

SLC Agricultural holdings – application for determination of rent by land court under section 13 of the Agricultural Holdings (Scotland) Act 1991 as amended – whether application had been contractually compromised by alleged agreement between the parties – whether point had been reached at which parties had concluded their negotiations and had become bound in … Continue reading McCullough v Mount Stuart Trust Limited: SLC 19 Jan 2007

Knapdale (Nominees) Ltd v Donald and Another: OHCS 22 Aug 2000

Despite the requirement for statutory notices, an agricultural tenancy could be terminated by an implied agreement for surrender. Nevertheless, a formal lease to a partnership was not to be deemed to be surrendered on the death of one partner, where the lease had been entered into in circumstances which suggested that the tenants did not … Continue reading Knapdale (Nominees) Ltd v Donald and Another: OHCS 22 Aug 2000

Robb’s Trust, The Governors of, Against Edwards: SCS 26 May 2015

Extra Division, Inner House. The House was asked whether, in respect of a lease governed by the Agricultural Holdings (Scotland) Act 1991, in terms of which the landlords have served on the tenant a notice to quit which is disputed by the tenant, and the dispute proceeds to arbitration, section 23(4) of the Act has … Continue reading Robb’s Trust, The Governors of, Against Edwards: SCS 26 May 2015

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984